Supporting, Informing & Connecting People in Foreclosure
Mine was a Countrywide/BofA case formerly handed by the notorious David J. Stern firm. I finally have a court date, and opposing counsel is Joan Wadler, of Kass, Shuler, Solomon, Spector, Foyle & Singer, P.A., in Tampa.
I'm trying to determine if she has been formally assigned my case from Stern, or if she is merely some sort of transition or coverage counsel.
Paul
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Permalink Reply by joe on June 29, 2011 at 3:27pm
Permalink Reply by PaulR on June 29, 2011 at 3:32pm Gotcha.
One thing I haven't done is checked the original Lis Pendens against the Motion for Summary Judgment against the Mortgage Assignment, for any irregularities. Specifically, did the Plaintiff CHANGE who they say owned my mortgage at any point throughout the process?
I also want to get a hold of the original governing docs of the Trust itself, as I heard that sometimes they're not even in existence yet at the time that the case is filed (mine was -- it goes back to 2006), OR, they're no longer even contractually able to accept new loan bundles into them at the date where mine was supposedly assigned to them.
Permalink Reply by PaulR on June 29, 2011 at 4:23pm OK, I found the Prospectus for the trust (all 468 pages), which was formed in 2006. One of the SEC filings is one in 2007, reporting that they no longer had to file any reports on the Trust (appeared to be opened and closed in 2006?).
I haven't had a chance to dig thru all 468 pages yet, but what are the changes that a Trust created in 2006, and filing-as-dormant in 2007, was accepting NEW MORTGAGE ASSIGNMENTS in March of 2010, when my notarized assignment was executed (and back-dated to Dec. 2009, before my Lis Pendens)?
The whole thing just stinks to high heaven.
Permalink Reply by joe on June 29, 2011 at 3:37pm Posted by brian william davies on May 26, 2012 at 12:40pm 1 Comment 0 Likes
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